United Nations Development Programme N Support to the State Chancellery in decentralization/local public policy formulation and implementation Four International Consultants: 1. Consultant in administrative and fiscal decentralization (CAFD) 2. Consultant in intergovernmental finance and transfers (CIFT) 3. Consultant in territorial-administrative reform and inter-municipal cooperation (CTAC) 4. Consultant in local public services (CLPS) 1. BACKGROUND Decentralization represents an essential political option for the internal reform agenda of the Republic of Moldova, aiming at improvement of resources management and bringing quality services closer to citizens. It encompasses modernization of the public sector, enhancement of local autonomy, following the principles of transparency, legality, efficiency, responsibility and administrative solidarity. UNDP and UNIFEM in partnership with the Government of Moldova (State Chancellery) are implementing the Joint Integrated Local Development Programme (JILDP). The JILDP was designed to improve the policy framework, as well as to support the administrative systems and procedures focused on efficient transfer of competencies to Local Public Administrations (LPAs), decentralization and promotion of LPAs role in decision making. It also helps in building the capacity of LPAs to plan, implement and monitor their strategic plans and improve local public service delivery, involving civil society and community efforts and participation. Actions in the project seek to secure positive change in areas of human rights, tackling social exclusion and ensuring gender equality. Given the overall development context, related to the impact of the political and economic crisis, and considering the priorities of the Coalition for European Integration, new Government Programme, as well as the National Development Strategy, Decentralization, Sustainable Local Development and Democratic Local Governance represent key issues to be addressed in order to respond to existing country priorities and development challenges. A number of international and European review bodies have identified key areas of exclusion to be resolved through reform actions. There are four types of issues to be addressed through the proposed Programme: The current policy framework does not respond to the need of local public authorities and does not provide sufficient clarity on their role, authority and responsibilities. Moreover, the legal framework regarding the local public finances is not approved and there is no clarity on the advancement of fiscal decentralisation. The specific needs of women and men, girls and boys, as well as the elderly, persons with disabilities, ethnic and other minorities (and Roma in particular), persons living with HIV/AIDS and other vulnerable persons and groups, individuals or groups, are not necessarily taken into account in national policies related to local sustainable local development and good local governance; 1
Weak and underdeveloped capacity of LPA to address development challenges and to fulfil their responsibilities in front of citizens. Transparency and participation of CSOs and citizens, especially women, minorities, persons with disabilities, and others in local decision making is limited. The association of LPA are highly politicised and weak in order to advocate for greater authority and resources for LPAs to better serve citizens needs. Management of services and utilities, which is one of the key responsibilities of LPA is weak. Moreover, the most vulnerable communities and groups of population (elderly, disabled, women at risk, persons with disabilities, ethnic and other minorities in particular Roma, and others) do not have access to basic public services, such as access to water, clean environment, and social services. The quality of services provided locally is low. Most deprived persons and communities in Moldova do not have enough capacities to access resources and participate in local development programmes, and mechanisms to ensure accountability, transparency, non-discrimination and participation are in many places missing or not functioning effectively. The deprived thus face compound forces of exclusion and may have extreme difficulties in accessing essential goods and/or services. Considering the difficult operating climate of rural communities, provision of services and relevant support to most vulnerable, more often, is lacking or is of a poor quality, due to scarce resources and limited capacity of the local authorities. Human rights-based approach, including gender mainstreaming, is very rarely applied or taken into account. Communities in the Transnistrian region face a special development context given the unclear political status of the region. In addition to that, the communities from the security zone are struggling with additional barriers, including different violation of human rights from Transnistrian authorities (e.g. freedom of movement). The Programme will be implemented and will advocate for using Human Rights Based Approach (HRBA) and Gender equality mainstreaming (GE) which calls for greater participation, accountability, transparency and non-discrimination. 2. OVERAL OBJECTIVE AND SCOPE OF WORK The objective of the assignment is to provide an assessment and analysis of the current policy and legal framework for decentralization (administrative and fiscal) in the Republic of Moldova and support the Government of Moldova (Parity Commission on Decentralization, State Chancellery and other line ministries) and the Parliament Special Commission on Decentralization in elaboration of Decentralization Reform Strategy in a participatory, transparent, accountable and non-discriminatory manner. The objective will be fulfilled by the incumbents by undertaking necessary analysis and providing policy advice to the Government, conducting knowledge-sharing, guiding local consultants working on assessing progress in decentralization and providing recommendations and inputs for the Decentralization Reform Strategy. Under direct supervision of the JILDP Chief Technical Advisor the Consultants will work closely with the JILDP team, teams of experts hired under the JILDP working on the elaboration of the country Decentralization Reform Strategy, including Team of Lawyers working on the analysis and improvement of the legal framework. Equally the Consultants will work closely with the UN Human Rights Adviser and JILDP/UNIFEM Program Analyst on HRBA and GE aspects towards achievement of the JILDP planned results. For this purpose UNDP will deploy 4 international consultants in order to achieve the program s main objectives. The scope of work, responsibilities and requirements for each consultant are provided below: 2
1) Consultant in administrative and fiscal decentralization (CAFD) Scope of work: The CAFD will be responsible for providing high quality consultancy services on functional and fiscal decentralization reform in the country and designing of inputs for the country Decentralization Reform Strategy according to the official vision. He/she will develop analytical products in the form of advisory notes, reviews and assessments leading to policy papers, as well as provide direct ad-hoc strategic advice as required by the target beneficiaries. Key responsibilities may be summarized as follows: a) Review and evaluate the existing policy documents, reports, thematic assessments and develop proper approaches to tackle administrative and fiscal decentralization as core component of decentralization reform b) Provide substantive and technical advisory services, responding to the broad framework of fiscal decentralization reform including the administrative and fiscal decentralization c) Guide the team of national consultants on fiscal decentralization assisting the Parity Commission in the design of the country Decentralization Reform Strategy d) Develop recommendations for the advancement of fiscal decentralization in the country by providing analytical background for the decision-making process; e) Design guidelines for the fiscal decentralization according to the formal vision agreed with the Governmental institutions f) Facilitate the dialogue between the key stakeholders in order to reveal the gaps, barriers and inconsistencies in the reform process towards fiscal decentralization g) Provide recommendations regarding capacity building for institutions to lead and implement the fiscal decentralization process (State Chancellery, key ministries etc.) and their improved cooperation towards improved decision-making process h) Cooperate closely with the JILDP team and consultants working under the JILDP on different aspects of decentralization in order to ensure the consistency of produced inputs with the general framework of the country Strategy for Decentralization. Requested Profile: Qualification and skills Master Degree (Public Administration, Economics, Law, or similar) or equivalent working experience; Working experience of research and analysis in the field of public policies, studies and research in the public administration area Fluency in English. Good working knowledge of Romanian or Russian is an asset; PC literacy, excellent writing and communication skills; Full time commitment is an advantage. General professional experience Minimum 10 years working experience; Minimum 7 years experience of advisory work on decentralization/local development in Central and Eastern Europe is a strong advantage; Advanced knowledge of public finance mechanisms; local governments finance and accountability systems Previous knowledge of the Moldovan development context and public institutions is an advantage. 3
2) Consultant in intergovernmental finance and transfers (CIFT) Scope of work: The CIFT will be responsible for providing high quality consultancy services on intergovernmental budgetary relations issues in the context of decentralization reform in the country and design of inputs for the country Decentralization Reform Strategy according to the official vision. He/she will develop analytical products in the form of advisory notes, reviews, assessments leading to policy papers, as well as provide direct ad-hoc strategic advice as required by the target beneficiaries. Key responsibilities may be summarized as follows: Review and evaluate the existing policy documents, reports, thematic assessments and develop proper approaches to tackle optimal intergovernmental budget relations as core component of decentralization reform Develop, together with the team of national consultants assisting the Parity Commission, proposals for a new system of local government finance, aimed at reducing dependence of local budgets from the central level, including a new formula for intergovernmental transfers and equalization Identify and formulate, in the above participatory context, a mechanism for the implementation of a new inter-budgetary relationship system Participation in the drafting of a new draft law on local public finances, adjustment of the general legislative framework of public finance to the legislation on decentralization and local autonomy Provide recommendations regarding capacity building for institutions to lead and implement the fiscal decentralization process (State Chancellery, key ministries etc.) and their improved cooperation towards improved decision-making process Cooperate closely with the JILDP team and consultants working under the JILDP on different aspects of decentralization in order to ensure the consistency of produced inputs with the general framework of the country Decentralization Reform Strategy. Requested Profile: Qualification and skills Master Degree (Public Administration, Economics, Finance, Law, or similar) or equivalent Working experience of research and analysis in the field of public policies, studies and research in the public administration area Fluency in English. Good working knowledge of Romanian or Russian is an asset PC literacy, excellent writing and communication skills. General professional experience Minimum 10 years working experience; Minimum 7 years experience of advisory work on decentralization/local development in Central and Eastern Europe is a strong advantage; Advanced knowledge of public finance intergovernmental fiscal relations, local government budgeting, Previous knowledge of the Moldovan development context and public institutions is an advantage. 3) Consultant in territorial-administrative reform and inter-municipal cooperation (CTAC) Scope of work: The CTAC will be responsible for providing high quality consultancy services on administrativeterritorial aspects of decentralization reform in the country, and design of inputs for the country Decentralization Reform Strategy according to the official vision. 4
He/she will develop analytical products in the form of advisory notes, reviews, assessments leading to policy papers, as well as provide direct ad-hoc strategic advice as required by the target beneficiaries. Key responsibilities may be summarized as follows: Review and evaluate the existing policy documents, reports, thematic assessments and develop proper approaches to tackle optimization of administrative territorial structure as a basis for decentralization reform Provide positive international experiences regarding the territorial administrative reform Develop a set of criteria for analyzing and cost-efficiency and service provision capacity of the territorial administrative structure for different levels of LPA Design, together with the national consultants assisting the Parity Commission, models, mechanisms and instruments conducive to intermunicipal cooperation and territorial administrative optimization Design, together with the national consultants assisting the Parity Commission, alternative options and proposals for territorial administrative reform and intermunicipal cooperation in the Republic of Moldova Evaluate the advantages and disadvantages, impact, risks and costs related to a territorial administrative reform in the country with a specific emphasis on equitable and inclusive service provision through observance of human rights and gender equality Cooperate closely with the JILDP team and consultants working under the JILDP on different aspects of decentralization in order to ensure the consistency of produced inputs with the general framework of the country Strategy for Decentralization. Requested Profile: Qualification and skills Master Degree (Public Administration, Economics, Geography, or similar) or equivalent Working experience of research and analysis in the field of public policies, studies and research in the territorial planning and development areas Fluency in English. Good working knowledge of Romanian or Russian is an asset; PC literacy, excellent writing and communication skills. General professional experience Minimum 10 years working experience Minimum 7 years experience of advisory work on decentralization/local development in Central and Eastern Europe is a strong advantage Advanced knowledge of territorial organization mechanisms and local development systems Previous knowledge and experience of the Moldovan development context and public institutions is an advantage. 4) Consultant in local public services (CLPS) The CLPS will be responsible for providing high quality consultancy services on management of public services in the context of decentralization reform in the country and design of inputs for the country Decentralization Reform Strategy according to the official vision. He/she will develop analytical products in the form of advisory notes, reviews, assessments leading to policy papers, as well as provide direct ad-hoc strategic advice as required by the target beneficiaries. Key responsibilities may be summarized as follows: Review and evaluate the existing policy documents, reports, thematic assessments on public administration and public services management, including: water and sewerage 5
supply, natural gas distribution, solid waste management services and public assets management Develop strategic recommendations for the advancement of decentralization reform in the country by providing analytical background for the decision-making process with a specific emphasis on management of public services; Guide the team of national consultants working on management of public services assisting the Parity Commission in the design of the country Decentralization Reform Strategy Provide advice on elimination of legal barriers towards efficient implementation of decentralization reform particularly as regards the management of public services Facilitate the dialogue between the key stakeholders in order to identify the gaps, barriers and inconsistencies in the decentralization reform process Guide the process of elaboration of capacity building materials for institutions involved in the management of public services. Cooperate closely with the JILDP team and consultants working under the JILDP on different aspects of decentralization in order to ensure the consistency of produced inputs with the general framework of the country Decentralization Reform Strategy. Requested Profile: Qualification and skills Masters Degree (Public services, Public Administration, Economics, Law, or other related fields) or equivalent; Working experience of research and analysis in the field of public policies, studies and research in the public administration area Fluency in English. Working knowledge of Romanian or Russian would be an asset; PC literacy, excellent writing and communication skills. General professional experience Minimum 10 years working experience in local public service provision, including management positions; Minimum 7 years experience of advisory work on decentralization/local development in Central and Eastern Europe is a strong advantage; Advanced knowledge of public services management; local public administration Knowledge of or previous experience with Moldovan state institutions is an advantage. 3. EXPECTED DELIVERABLES Deadline Subject Assessment and analysis of the current policy and legal framework for 01.07.10 01.09.10 decentralization (administrative, fiscal and public services) in the Republic of Moldova undertaken and advice to the Government of Moldova (Parity Commission on Decentralization, State Chancellery and other line ministries) and the Parliament Special Commission on Decentralization provided. (Reports, minimum 3 Policy Notes) 01.09.10 15.09.10 Draft Decentralization Reform Strategy produced (Draft Strategy Document) 15.09.10 15.10.10 Formal Consultative process with stakeholders undertaken. Proposals and recommendations analyzed and incorporated. 15.10.10 15.11.10 Decentralization Reform Strategy Document 6
4. DURATION OF WORK The total duration of the contract shall be 1 July 25 December 2010. The consultant shall work in Moldova for at least 42 days during the contract period. Full time commitment would be an advantage. 5. EVALUATION PROCEDURES The candidates will be evaluated in two stages: technical evaluation (interview) and financial evaluation. Technical evaluation criteria: Criteria 1. Educational background in Public Administration, Economics, Finance, Law with special focus on local governance, decentralization, local public service (Master degree 20 pts, PhD 30 pts) 2. Minimum 7 years experience of advisory work on decentralization/local development (administrative and fiscal) in Central and Eastern Europe (<7 years - 0 pts, 7 years -40 pts, >7 years - pts) 3. Previous experience in designing and implementing decentralization reform strategies and policies (max - pts.) 4. Solid knowledge and understanding of decentralization reform process (max - pts.) 5. Working experience of research and analysis in the field of public policies, studies and research in the public administration area (max - pts.) 6. Good working knowledge of Romanian or Russian (Romanian 10 pts, Russian 10 pts) 7. 1. Advanced knowledge of public finance mechanisms; local governments finance and accountability systems (CAFD) (max - pts.) Maximum points 30 20 2. Advanced knowledge of public finance, intergovernmental fiscal relations, local government budgeting (CIFT) (max - pts.) 3. Advanced knowledge of territorial organization mechanisms and local development systems (CTAC) (max - pts.) 4. Advanced knowledge of public services management; local public administration (CLPS) (max - pts.) 8. Knowledge and previous experience of the Moldovan development context and public institutions (max - pts.) Maximum total technical scoring: 3 Only candidates who have passed over the mandatory criteria and have accumulated at least 245 points under technical evaluation will be pre-selected and will qualify to the next round of financial evaluation. Pre-selected candidates will be requested to provide the financial offer. Evaluation of financial proposal Evaluation of submitted financial offers will be done based on the following formula: S = Fmin / F * 1 S Score received on financial evaluation; Fmin the lowest financial offer out of all the submitted offers qualified over the technical evaluation round; F Financial offer under consideration. 7
Note: Aggregated financial offer will be considered ( aggregated financial offer is the total sum of all financial claims of the candidate for accomplishment of the task, including fee, per diem, travel, etc). Winning candidate The winning candidate will be the candidate, who has accumulated the highest aggregated score (technical scoring + financial scoring). 8